Jump to content

11 posts in this topic

Recommended Posts

Filed: K-3 Visa Country: United Kingdom
Timeline
Posted

Dont know if anyone can offer advise on my situation regarding employment here in usa.

Short story, I have worked as an executive recruiter in wisconsin since arriving here for the last 20 months. My employer runs the company with his wife along with other businesses and since working I managed to invoice for placements the highest out of all recruiters (staff came and went). So I was successful in my field, My boss's motto was always to use negative comments to motivate staff. Most days was like walking on eggshells waiting to see what type of mood he was in before you either joined in with his banter or kept your head down and stayed out of the way. I put up with this as I needed a job and I liked what I was doing. Over a month ago they were investigated by the department of labor for not paying us the correct hourly rate, this was due to an ex employee turning them in. They had to pay us back-pay and the day after we received this we were called into a meeting and told in no uncertain terms "you people are going to pay the repercussions for what past employees have done to us". He then continued to use expletives and got more and more aggressive and was verbally assulting a female co-worker because she tried to explain we had nothing to do with it. Anyway it was the straw that broke the camels back and I got up, said I couldn't listen to his abuse any longer and left. My co-worker went back but two days after she quit too as she could not take the continued abuse. I then applied for unemployment, was interviewed and explained what had happened, after reviewing I received a notification stating that I had valid personal reasons to quit, after investigation they believed the employer had done nothing wrong but my benefits had been accepted. A week later they sent another letter stating there was an administrative error and my benefits were denied. I can appeal which I will do, but is this acceptable here that you have to be exposed to swearing and screaming as part of the working conditions. My husband says that it is against the law to use foul language in public and you can be ticketed for it. I am not a prude, I worked in the construction industry back in the UK for many years in a male dominated environment. I did not want to leave my job I had almost two years tenure would have been acruing another weeks paid holiday, had placements about to go through which would have bought a large commission but the stress I was put under was not worth my sanity. Has anyone challenged and won on appeal.

Filed: K-1 Visa Country: Netherlands
Timeline
Posted
Dont know if anyone can offer advise on my situation regarding employment here in usa.

Short story, I have worked as an executive recruiter in wisconsin since arriving here for the last 20 months. My employer runs the company with his wife along with other businesses and since working I managed to invoice for placements the highest out of all recruiters (staff came and went). So I was successful in my field, My boss's motto was always to use negative comments to motivate staff. Most days was like walking on eggshells waiting to see what type of mood he was in before you either joined in with his banter or kept your head down and stayed out of the way. I put up with this as I needed a job and I liked what I was doing. Over a month ago they were investigated by the department of labor for not paying us the correct hourly rate, this was due to an ex employee turning them in. They had to pay us back-pay and the day after we received this we were called into a meeting and told in no uncertain terms "you people are going to pay the repercussions for what past employees have done to us". He then continued to use expletives and got more and more aggressive and was verbally assulting a female co-worker because she tried to explain we had nothing to do with it. Anyway it was the straw that broke the camels back and I got up, said I couldn't listen to his abuse any longer and left. My co-worker went back but two days after she quit too as she could not take the continued abuse. I then applied for unemployment, was interviewed and explained what had happened, after reviewing I received a notification stating that I had valid personal reasons to quit, after investigation they believed the employer had done nothing wrong but my benefits had been accepted. A week later they sent another letter stating there was an administrative error and my benefits were denied. I can appeal which I will do, but is this acceptable here that you have to be exposed to swearing and screaming as part of the working conditions. My husband says that it is against the law to use foul language in public and you can be ticketed for it. I am not a prude, I worked in the construction industry back in the UK for many years in a male dominated environment. I did not want to leave my job I had almost two years tenure would have been acruing another weeks paid holiday, had placements about to go through which would have bought a large commission but the stress I was put under was not worth my sanity. Has anyone challenged and won on appeal.

I hate bosses like this. I have been a supervisor many times in my field and would NEVER treat my staff this way! Anyway, there are laws to protect you. Contact a lawyer. Your boss creating a hostile work environment is against the law. Working in a place where you feel abused and/or threatened is not healthy for anyone! I would also let him know that you have been denied benefits you should be entitled to for this very reason.

Good luck hon.

-Blu-

Service Center : California Service Center

Consulate : Amsterdam

02-27-09: I-129F Sent

03-10-09: I-129F NOA1

06-10-09: I-129F NOA2

06-17-09: Rec'vd by NVC

06-18-09: STUCK IN NVC AP

06-25-09: FINALLY petition on it's way to the embassy

06-29-09: DHL delivered our packet to the embassy in Amsterdam

07-01-09: Rec'd Packet 3!!!!

08-01-09: Rec'd Packet 4

08-25-09: Interview date...APPROVED!!!!

12/12/09: Fiancee arrival date WOOOT!

02/20/10: Married and SOOOO happy!

04/20/10: Sent off AOS (finally!)

05/03/10: Rec'd AOS NOA1

Filed: AOS (apr) Country: Zambia
Timeline
Posted

Abuse in the workplace is against federal law and also against the law in most states. Filing a complaint, or even a lawsuit, is what you should be pursuing while waiting for your unemployment benefit. The guy is a jerk and needs to hear from the authorities. You and others deserve some financial compensation for what you have been put through.

Posted

Depending on the type of insults used, hostile work environment may apply http://www.fcc.gov/owd/understanding-harassment.html

Best wishes (F)

AOS: ND - June 5 2006 | RFE - June 15 2006 | FP Notice - June 30 (Rescheduled to Sept 16) | AP ND - August 14 2006| Walk-in FP - Sept 5 (FP cleared next day!) | Interview - Sept 8 2006 (Approved!) | Welcome Letter - Sept 13 | EAD received - Sept 19 (kinda moot since I'm waiting for GC) | GC received - Sept 23 2006 - Woohoo!!

I-751: 06/10/08 Mailed package to VSC direct (per memo instructions) not TSC. The wait begins... | 06/11/08 Package received at VSC (12.12pm) | 06/19/08 Check cashed | 06/20/08 Received NOA1 in the mail - ND is 06/17/08 | 07/10/08 Received Biometrics Appt Letter - ND is 7/7/08 | 07/22/08 Biometrics (had to do ink & paper also...) | 07/22/08 Touched | 07/23/08 Touched | 02/11/09 Transferred to CSC (got email)... | 02/12/09 Touched | 02/20/09 Touched (but no email) | 03/24/09 Approval letter arrives in the mail! Approval date is 3/18/09 from VSC | 04/03/09 Received card, postmarked 3/31 from CSC

N-400: 06/11/09 Mailed to Lewisville Lockbox | 06/12/09 Package received at Lockbox and signed for at 1.31pm | 06/18/09 Check Cashed | 06/19/09 NOA, PD 06/12/09 | 07/06/09 Biometrics letter received, ND is 07/02/09 | 07/24/09 Biometrics appointment | 08/06/09 IL received, ND 08/03/09 | Interview 09/14/09 at 9.30am (approved!) | Oath 10/21/09 | USC

Filed: K-1 Visa Country: Thailand
Timeline
Posted
...

with it. Anyway it was the straw that broke the camels back and I got up, said I couldn't listen to his abuse any longer and left. My co-worker went back but two days after she quit too as she could not take the continued abuse. I then applied for unemployment, was interviewed and explained what had happened, after reviewing I received a notification stating that I had valid personal reasons to quit, after investigation they believed the employer had done nothing wrong but my benefits had been accepted. A week later they sent another letter stating there was an administrative error and my benefits were denied. I can appeal which I will do, but is this

I'm in a different state, but my work involves a good knowledge of Unemployment Insurance policies. Unemployment rules are implemented differently state to state, but I can tell you one thing: if you voluntarily quit, you are probably not going to be allowed to collect a UI check. That's the rules, and I think they're mandated by the Feds. You might have luck if you appeal the decision, but the odds favor your former boss.

What others have said about raising complaints about your employer to authorities is also true, but you need to do that before you quit the job.

my $.02

Good luck to you

Based on timeline data, your I129f may be adjudicated between August 7, 2009 and August 22, 2009.

NOA2: July 23, 2009.

Intervew: Sep. 28, 2009 APPROVED

I arrive BKK Oct 29.

Marriage ceremony (non-legal) 6 a.m. Nov 2, 2552 Hua Hin, Thailand.

Arrive PDX Nov 7.

U.S. Marriage: 20-Dec-2009 Salem, OR

AOS filed 06-FEB-2010 (last possible day for valid postmark)

AOS Interview - APPROVED - 06-MAY-2010

Filed: Citizen (apr) Country: England
Timeline
Posted

But isn't this "employment at will" sh!t the norm over here? Meaning you can be fired for any or no reason at all?

Naturalization Timeline:

Event

Service Center : Phoenix AZ Lockbox

CIS Office : Saint Louis MO

Date Filed : 2014-06-11

NOA Date : 2014-06-16

Bio. Appt. :

Interview Date :

Approved :

Oath Ceremony :

Comments :

Filed: Other Timeline
Posted
...

with it. Anyway it was the straw that broke the camels back and I got up, said I couldn't listen to his abuse any longer and left. My co-worker went back but two days after she quit too as she could not take the continued abuse. I then applied for unemployment, was interviewed and explained what had happened, after reviewing I received a notification stating that I had valid personal reasons to quit, after investigation they believed the employer had done nothing wrong but my benefits had been accepted. A week later they sent another letter stating there was an administrative error and my benefits were denied. I can appeal which I will do, but is this

I'm in a different state, but my work involves a good knowledge of Unemployment Insurance policies. Unemployment rules are implemented differently state to state, but I can tell you one thing: if you voluntarily quit, you are probably not going to be allowed to collect a UI check. That's the rules, and I think they're mandated by the Feds. You might have luck if you appeal the decision, but the odds favor your former boss.

What others have said about raising complaints about your employer to authorities is also true, but you need to do that before you quit the job.

my $.02

Good luck to you

Not necessarily true at all.

An employee who leaves a job with good cause can prevail in an unemployment claim. But they will need evidence to present to the Administrative Law Judge. The OP and her friend who both left the workplace can act as witnesses for each other - former employees can act as well.

Filed: Other Timeline
Posted
But isn't this "employment at will" sh!t the norm over here? Meaning you can be fired for any or no reason at all?

It definitely is the sh!t and I think it is a tough nut to wrangle for those from the UK, where you have tribunals and the like to protect you.

Best defense in the US - keep copies of everything!! If you are paid electronically, copy out your pay stubs. If you get disciplined in writing, keep a copy. If you get a compliment in writing - keep a copy. If you get any work emails that are either positive or negative, print them out. Keep copies of your annual evaluations. If you notice of pattern of behavior in written or electronic correspondence from the employer - keep copies.

Keep this stuff at home and not in your desk at work.

Filed: Other Timeline
Posted
Dont know if anyone can offer advise on my situation regarding employment here in usa.

Short story, I have worked as an executive recruiter in wisconsin since arriving here for the last 20 months. My employer runs the company with his wife along with other businesses and since working I managed to invoice for placements the highest out of all recruiters (staff came and went). So I was successful in my field, My boss's motto was always to use negative comments to motivate staff. Most days was like walking on eggshells waiting to see what type of mood he was in before you either joined in with his banter or kept your head down and stayed out of the way. I put up with this as I needed a job and I liked what I was doing. Over a month ago they were investigated by the department of labor for not paying us the correct hourly rate, this was due to an ex employee turning them in. They had to pay us back-pay and the day after we received this we were called into a meeting and told in no uncertain terms "you people are going to pay the repercussions for what past employees have done to us". He then continued to use expletives and got more and more aggressive and was verbally assulting a female co-worker because she tried to explain we had nothing to do with it. Anyway it was the straw that broke the camels back and I got up, said I couldn't listen to his abuse any longer and left. My co-worker went back but two days after she quit too as she could not take the continued abuse. I then applied for unemployment, was interviewed and explained what had happened, after reviewing I received a notification stating that I had valid personal reasons to quit, after investigation they believed the employer had done nothing wrong but my benefits had been accepted. A week later they sent another letter stating there was an administrative error and my benefits were denied. I can appeal which I will do, but is this acceptable here that you have to be exposed to swearing and screaming as part of the working conditions. My husband says that it is against the law to use foul language in public and you can be ticketed for it. I am not a prude, I worked in the construction industry back in the UK for many years in a male dominated environment. I did not want to leave my job I had almost two years tenure would have been acruing another weeks paid holiday, had placements about to go through which would have bought a large commission but the stress I was put under was not worth my sanity. Has anyone challenged and won on appeal.

Did you get a notice of administrative error - or was it a notice that your employer had appealed the deputy's decision granting your benefits?

In either case, appeal and appeal NOW! You probably only have a few days to file the appeal. Gather any evidence you have. Be prepared to face your employer at the hearing. Be prepared to have them possibly lie about your work performance and about their behavior in the workplace.

Be vigilant and dogmatic. Do not let the ba$tards wear you down. You are entitled to your benefits. Seek legal assistance if you feel you need it.

Filed: K-3 Visa Country: United Kingdom
Timeline
Posted

thanks everyone for your comments I really appreciate all your advice.

I am preparing my appeal and will take on board all the information given. I found out from a previous employee that my boss has previously been accused of sexual assault in the workplace, but cos he has the money or the arrogance it didn't go anywhere as the employee did not have the funds to persist with the claim. He is very experienced in law suits and knows how to play the game when it comes to investigations. Also he knows that knowone who still works there will say anything to help us as in this economic climate they cannot afford to loose their jobs. I will post back here when I have an update on what is happening, and again thanks for your support.

Bev

Dont know if anyone can offer advise on my situation regarding employment here in usa.

Short story, I have worked as an executive recruiter in wisconsin since arriving here for the last 20 months. My employer runs the company with his wife along with other businesses and since working I managed to invoice for placements the highest out of all recruiters (staff came and went). So I was successful in my field, My boss's motto was always to use negative comments to motivate staff. Most days was like walking on eggshells waiting to see what type of mood he was in before you either joined in with his banter or kept your head down and stayed out of the way. I put up with this as I needed a job and I liked what I was doing. Over a month ago they were investigated by the department of labor for not paying us the correct hourly rate, this was due to an ex employee turning them in. They had to pay us back-pay and the day after we received this we were called into a meeting and told in no uncertain terms "you people are going to pay the repercussions for what past employees have done to us". He then continued to use expletives and got more and more aggressive and was verbally assulting a female co-worker because she tried to explain we had nothing to do with it. Anyway it was the straw that broke the camels back and I got up, said I couldn't listen to his abuse any longer and left. My co-worker went back but two days after she quit too as she could not take the continued abuse. I then applied for unemployment, was interviewed and explained what had happened, after reviewing I received a notification stating that I had valid personal reasons to quit, after investigation they believed the employer had done nothing wrong but my benefits had been accepted. A week later they sent another letter stating there was an administrative error and my benefits were denied. I can appeal which I will do, but is this acceptable here that you have to be exposed to swearing and screaming as part of the working conditions. My husband says that it is against the law to use foul language in public and you can be ticketed for it. I am not a prude, I worked in the construction industry back in the UK for many years in a male dominated environment. I did not want to leave my job I had almost two years tenure would have been acruing another weeks paid holiday, had placements about to go through which would have bought a large commission but the stress I was put under was not worth my sanity. Has anyone challenged and won on appeal.

Did you get a notice of administrative error - or was it a notice that your employer had appealed the deputy's decision granting your benefits?

In either case, appeal and appeal NOW! You probably only have a few days to file the appeal. Gather any evidence you have. Be prepared to face your employer at the hearing. Be prepared to have them possibly lie about your work performance and about their behavior in the workplace.

Be vigilant and dogmatic. Do not let the ba$tards wear you down. You are entitled to your benefits. Seek legal assistance if you feel you need it.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...